Oops - Unforeseen Consequences of Criminal Convictions

Punishment: We all  know that committing a crime can result in punishment by fine or jail or prison. It is not as well known that the ability to get work may be lost by a conviction, probation, deferred adjudication or pretrial diversion.

Bad News. The Texas Occupation Code gives licensing bodies wide discretion in denying, suspending, or revoking the license of any person convicted of a felony or a misdemeanor related to the occupation. A list begins with Athletic Trainers, Barbers, Cosmetologists, Interior Designers, Water Well Drillers, County Librarian, Landscape Irrigators, and Fish Farmers. The list of effected occupations is much longer than shown here, and may apply to guilty pleas, deferred adjudications, and pretrial diversions. As you may know, in a pretrial diversion, the District Attorney and Defense Lawyer agree on a course of action, and the parties never even go to the Courtroom. [ Librarians?  Hair Dressers?]

Worse news: Students lose scholarships, are denied scholarships, and lose grants. These bans are in addition to zero tolerance bans by Universities and Colleges in denying admittance or a diplomas on drug convictions.

Bad things can only get worse: For narcotics convictions, the Federal Government imposes a lifetime ban of Food Stamps and other assistance. There is a lifetime ban on federal health care benefits (Medicaid, Medicare, Obamacare). There is a lifetime exclusion from federally funded low income housing.

Never stop the punishment: There are annual surcharges, beginning at the $1,000 level, for persons convicted of driving while intoxicated within the past 3 years. The restrictions on rights may include a ban on gun ownership, registration as a sex offender, and a ban on the use of computers.

Probation:  Most first time offenders are given probation, and if they successfully complete the probation, should have their rights reinstated, to a degree.  This is fraught is dangers, because the specific language is not always there.  A general "be good now" phrase in the discharge is not good enough.  Just ask the guy who was sent to the federal lockup for going on a dove hunt after he successfully completed his probation.

For specific information, Randy T. Leavitt wrote an amazing article for the Texas Advanced Criminal Law Course (2010), [randy@randyleavitt.com.], which is a good starting point for further research.

My wife asked me, "Isn't all this a bit much?"  The answer is yes, but it is very real and a lifelong punishment for the impulsive kid who took a step too far in his youth.